This Agreement is made between Ride Vermilion, LLC (“Owner”), and the individual Renter(s) and Operator(s) identified as (“Renter”).
1.Rental of Golf Cart. Owner rents the Golf Cart to Renter, and Renter rents the Golf Cart from Owner, under terms and conditions of this Agreement.
2.Rent. Renter shall pay Owner the Total Rent (including applicable sales tax). Renter shall also pay Owner any other costs, charges, fees or expenses (along with applicable sales tax) provided in this Agreement.
3.Text Messages. Renter agrees to receive text messages containing instructions from the Owner. Mobile messaging and data rates may apply and are the responsibility of Renter. Renter number will not be used for marketing purposes.
4.Payments; Cancellation Charges. Renter hereby consents and authorizes Owner to charge its credit card for any amounts owed under the terms of this Agreement. If Renter reserves the Golf Cart in advance and cancels the reservation within 48 hours prior to the Delivery Date, a Lost Rental Charge of 50% of the reservation will be charged to Renter.
5.Term. The term of this Agreement shall begin on the finalized Delivery Date/Time and shall end on the Return Date/Time (the “Term”) unless sooner terminated in accordance with this Agreement.
6.DISCLAIMER OF WARRANTIES. OWNER MAKES (I) NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT, (II) NO WARRANTY OF MERCHANTABILITY, AND (III) NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, REGARDING THE GOLF CART, EXCEPT THAT THE GOLF CART MAY BE OPERATED ON PUBLIC STREETS WHERE THE POSTED SPEED LIMIT FOR MOTOR VEHICLES DOES NOT EXCEED 35 MPH.
7.Use. Renter and each Operator shall operate the Golf Cart in a careful and proper manner.
(a) Operating and Charging Instructions. Renter and each Operator represents that it has read
and understands the Golf Cart Operating Instructions and Charging Instructions (“Instructions”). Renter and each Operator shall operate the Golf Cart in compliance with the Instructions.
(b) Charging Instructions: Renter shall not discharge the cart below 10% as it could cause damage to the battery. If/when the golf cart discharges below 10%, charging is required ASAP. WE DO NOT PROVIDE REFUNDS due to golf carts running out of battery. It is the operator's and any authorized driver's responsibility to monitor the battery life to ensure the golf carts do not run out of battery. There is a $150 rescue fee if we must retrieve the cart due to a drained battery. When charging the battery, ensure the red light below charging port is flashing to ensure your charging source is working properly. If you have a morning pickup time, you are required to charge your cart overnight or you will incur a lost day's rental fee.
(c) Low-Speed Vehicle Restriction. Renter and each Operator acknowledge that the Golf Cart is a Low-Speed Vehicle (LSV) and may only be operated on a roadway with a posted speed limit that does not exceed 35 mph, and is otherwise subject to the same laws and regulations pertaining to Motor Vehicles.
(d) Inspection Before Use. Renter and each Operator shall examine and inspect the safety and mechanical condition of the Golf Cart before each use, and immediately report any concerns or problems to Owner prior to driving.
(e) Weight Restriction. Renter and each Operator shall not allow the combined weight for
passengers and cargo on the Golf Cart to exceed 1200 lbs. Any damages incurred from failure to comply with this weight limit will result in a damage fee.
(f) Permitted Operators. Renter shall only allow individuals who are at least 21 years of age,
possess a valid Motor Vehicle Driver License, have appropriate Motor Vehicle Insurance currently in force, and are listed as an Operator on the Term Sheet, to operate the Golf Cart.
(g) Compliance with Laws. Renter and each Operator shall operate the Golf Cart in accordance with the laws of the State of Ohio and the local laws of the city and county including, but not limited to seat belt requirements, child age restrictions which shall be the responsibility of the Renter, prohibitions concerning distracted drivers (e.g., cell phone use), and the prohibition of open containers of alcohol and driving under the influence of alcohol and/or other drugs.
(h) GPS Location Monitoring. By signing this agreement, Renter, all authorized drivers, and all passengers agree to location monitoring via GPS tracking devices. The tracking devices are only monitored/reviewed when there is a suspected breach of this agreement or suspected theft of the vehicle.
(i) Prohibited Uses. The following uses of the Golf Cart are prohibited and also constitute material breaches of this Agreement. The Golf Cart shall not be used (i) by anyone other than Renter or an authorized Operator and licensed to drive, or by anyone whose driving license is suspended; (ii) by anyone driving in a reckless or erratic manner, or in a manner creating a risk to occupants of the Golf Cart or individuals outside the Golf Cart; (iii) by anyone under the influence of alcohol, prescription or nonprescription drugs as proscribed by law; (iv) by anyone who obtained the Golf Cart or extended the Term by giving Owner false, fraudulent or misleading information; (v) for an illegal purpose or in the commission of a crime; (vi) to carry persons or property for hire; (vii) to tow or to push anything; (viii) in a race or speed contest; (ix) to teach anyone to drive; (x) outside the Operational Area; (xi) on an unpaved surface; (xii) when the odometer has been tampered with or disconnected; (xiii) when it is reasonable to expect a person to know that further operation of the Golf Cart would damage it; (xiv) to transport an animal (other than a pet); (xv) to carry more passengers than the number of existing seatbelts; (xvi) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Golf Cart; or (xvii) by anyone while someone is smoking in the Golf Cart.
8.Representations, Warranties and Covenants of Renter. Renter and each Operator represents,
warrants and covenants that all information concerning such Renter and Operator is true and correct, will remain true and correct through the Term, and that the insurance coverage will remain in effect through the Term and thereafter to the extent material to this Agreement.
9.Report Questions or Concerns. Renter and any Operator shall contact Owner if any questions or concerns arise about operating the Golf Cart and/or if the golf cart is experiencing malfunctions. IF THE GOLF CART IS EXPERIENCING MALFUNCTIONS, you agree to allow the owner to come and investigate the malfunctions, repair them if repairable, or swap your golf cart out for an alternate golf cart of equal or greater size (if available). The owner will compensate you for any downtime based on the proration of the total hours of downtime compared to the total hours for your entire reservation period. The owner may also choose to provide additional compensation for any inconvenience based on the Owner's discretion. Full refunds are NOT normally provided unless Owner was not able to fix the issue and/or find a replacement in a timely manner. THE OWNER IS NOT RESPONSIBLE FOR CHARGING ISSUES THAT ARE THE RESULT OF THE LOCATION YOU RENT FROM. It is the renter's responsibility to determine if the location they are staying allows charging and that the charging receptacles are working at the time of delivery.
10.Parking, Parking Violations, and Towing Costs. Renter must securely park the golf cart in the same manner as any other licensed automobile/car. This includes paying for parking as required. It is the renter's responsibility to verify parking requirements with their hotel and/or any other establishments/locations the renter(s) visit in the golf cart. Renter shall pay all traffic violations, parking violations and towing costs that occur with respect to the Golf Cart.
11.Revocation of Use Privileges. Owner may revoke Renter’s and Operator’s right to use the Golf Cart and immediately retake possession of the Golf Cart, without notice, if Renter or an Operator abandons the Golf Cart or violates a provision of this Agreement deemed material in Owner’s discretion, in which event Renter shall not be entitled to any refund for any remaining Term.
12.Contacting Owner in Event of Loss or Damage. Renter and each Operator shall immediately contact Owner in the event of any loss or damage to the Golf Cart (including theft of or damage to the Golf Cart) or real or personal property, or injury or death to individuals involving the Golf Cart.
13.Lost or Stolen Property. The Owner is not responsible for any lost, damaged, or stolen property during the rental period. The Renter is solely responsible for the security and safety of their personal belongings while using the golf cart. The Owner recommends that the Reenter does not leave any valuable items in the golf cart while it is unattended. Any lost, damaged, or stolen property should be reported to the Owner immediately.
14.Insurance Requirement. Renter and each Operator shall provide and maintain its Motor Vehicle Liability Insurance with the following primary coverage: (i) Bodily injury and property damage liability coverage; (ii) Personal injury protection, no-fault, or similar coverage where required; (iii) Uninsured/underinsured coverage where required, and (iv) Comprehensive and collision damage coverage extending to the Golf Cart. This insurance shall cover Renter and Operator and its/their property, the person and property of passengers, the person and property of others affected by the Golf Cart, Owner and the Golf Cart. Any insurance provided by Owner shall be secondary to Renter/Operator insurance. If you are attending an event with the golf cart rental, it is your responsibility to determine if the event has any minimum insurance requirements and to secure the required event insurance through your personal insurance provider.
15.Responsibility for Repairs, Loss and Damage. Renter, and any Operator then operating the Golf Cart, are financially liable for all repairs to the Golf Cart and for any and all loss, damage and/or injuries to Renter or the Operator or its/their property, passengers or their property, and the person or property of others affected by the Golf Cart.
16.Golf Cart Limited Safety Measures. Renter and each Operator acknowledge that the Golf Cart is a Low Speed Vehicle (“LSV”) and is not equipped with many of the Common Safety Devices, Structural Components or Methods of Construction (“Safety Measures”) found on or used in Motor Vehicles and that the lack of such Safety Measures may increase injuries or result in death in the event of an accident.
17.Waiver of Right to Recover for Lack of Safety Measures. Renter and each Operator waive
any rights on behalf of itself or anyone to recover damages based upon the lack of such Safety Measures.
18.Assumption of Risk. Renter and each Operator acknowledge that there are inherent risks in
operating a Golf Cart and this type of activity. These risks may result in serious injury or death and include, but are not limited to, the following: collisions with pedestrians, bicycles and bicycle riders, scooters and scooter riders, other Low Speed Vehicle/Neighborhood Electric Vehicle and passengers, motor vehicles and passengers, manmade and natural objects. Renter and Operator(s) shall inform all passengers of the Golf Cart of the inherent risks in this type of activity and confirm that all passengers understand and accept the inherent risks prior to beginning this type of activity.
19.Release and Indemnification. Renter and each Operator then operating the Golf Cart, hereby releases, indemnifies, holds harmless and shall defend Owner, its members, managers, management, officers, employees, agents, independent contractors, successors and assigns (each an “Indemnitee”), from any and all claims, causes of action, suits, judgments, debts, expenses (including without limitation attorney and paralegal fees and costs through all appeals), covenants, agreements, damages, penalties, obligations, liabilities and demands of any kind whatsoever (“Claims”), including without limitation, Claims based upon the lack of Safety Measures of the Golf Cart, in law or in equity, at common law, statutory or otherwise, known or unknown, now existing or that might arise hereafter, arising from or in any way related to the Renter’s rental or anyone’s use of the Golf Cart under this Agreement (“Indemnified Item”).
20.Termination of Rental Period. This Agreement shall terminate upon the end of the Term subject
to Owner’s early termination rights. If Renter fails to timely return the Golf Cart, the terms and conditions of this Agreement shall continue to apply. The end of the Term shall not terminate rights and duties arising prior to the termination, and termination shall not affect terms and conditions which either by their terms or which would need to continue so that Owner can enforce its rights under this Agreement which arising prior to or upon termination.
21.Golf Cart Return. Renter shall return the Golf Cart, upon completion of the rental period, to the location, date and time set forth in the Term Sheet. The Golf Cart shall be returned with all Owner’s personal property originally attached to or made a part of the Golf Cart, attached or apart in the manner the Renter received the Golf Cart, including without limitation, return of any and all keys. Renter will be charged a lost key charge of $100 per key for any keys not returned, and will be charged a cost equal to 150% of the cost of any other Owner property not returned. If Renter fails to return the Golf Cart to the proper location on time, Renter will be charged, a $25 per hour fee until the proper return. If Owner has to retrieve the Golf Cart from another location, Renter shall pay a retrieval fee equal to the greater of (i) $200.00, or (ii) 125% of Owner’s cost to retrieve the Golf Cart.
(a) Fully Charged. If the rental period includes an overnight, Renter shall return the Golf Cart no less than 90%, and if not fully charged, Renter will be charged for a lost days’ rental fee.
(b) Same Condition. The Golf Cart shall be returned in the same condition as received, normal wear and tear accepted, and Renter will be held liable for any damages to the Golf Cart.
(c) Clean. The Golf Cart shall be returned clean and free of sand, dirt and other debris, and, if the
Golf Cart is excessively dirty in Owner’s reasonable discretion, Renter shall be charged a cleaning fee equal to the greater of (i) $30, or (ii) 125% of Owner’s cost to clean the Golf Cart.
22.Binding Effect. Neither Renter nor any Operator may assign a right or delegate a duty under this Agreement. This Agreement shall bind and benefit the parties, and their heirs, legal representatives, successors, and permitted assigns.
23.Entire Agreement; No Oral Changes. This Agreement comprises the entire understanding and
agreement of the parties with respect to the subject matter of this Agreement. No provision of this Agreement may be waived or modified unless in a writing signed by the party sought to be held to the provision.
24.Reformation. If any provision of this Agreement is found to be invalid or unenforceable by a court of last resort, such provision shall be reformed in order to give substantial affect to the intent of the parties under Agreement.
25.Legal Fees and Costs. In the event of any legal proceeding relating to this Agreement, the
prevailing party shall be entitled to collect its attorney and paralegal fees and costs through all appeals, from the non-prevailing party as determined by the court.
26.Governing Law. This Agreement shall be interpreted and enforced and governed by Ohio law.
This Agreement shall not be construed more strongly against any party due to its participation in the drafting of this Agreement.
27.Counterparts; Electronic Signing. This Agreement may be signed in one or more counterparts, all of which together shall comprise a single Agreement. This Agreement may be signed by pdf., email, image, digitally, electronically, website, and through any reasonably recognized electronic signature service or program. In Witness Whereof, the undersigned signed this Agreement effective as of the date first above written.